ORIENTAL INSURANCE CO. Vs. PUSHPA DEVI AND OTHERS

JUDGEMENT

(1.) These two appeals arise from an award dated 15.4.1986 passed by the Motor Accidents Claims Tribunal, Bharatpur (hereinafter referred to as 'the Tribunal') in MACT case No. 39 of 1982. A sum of Rs. 78,000/- was awarded in favour of Pushpa Devi, Krishna Kumar, Mahendra Kumar, Pradeep Kumar, Munna and Laxmi Devi, the claimants, with interest at the rate of 9 per cent per annum.

(2.) The Oriental Insurance Co. Ltd. filed an appeal (No. 186 of 1986) and cross-objection (Appeal No. 206 of 1986) has been filed by the claimants. As common questions of facts and law are involved in both these appeals, they are being decided by this common judgment.

(3.) Jagdish Prasad, husband of Pushpa Devi, boarded bus No. RSD 2551 on 27.1.1982 while he was going from Jaipur to Bharatpur. The bus overturned at village Hantara. The claimants alleged that the bus collided with a culvert resulting in the death of Jagdish Prasad.